233 Ordinance of the Federal Minister for agriculture and forestry, environment and water management on the implementation of the plant protection products act 2011 (plant protection products regulation 2011)
On the basis of § 6 of the plant protection products act 2011, Federal Law Gazette I no. 10/2011, is prescribed:
Table of contents
§ 1 tax, purchase and storage section 2 training § 3 certificate § 4 operation register section 5 plant protection product register section 6 reporting requirements article 7 labelling section 8 prepackaged § 9 experimental facilities § 10 obligations § 11 approval for the home and garden section 12 approval of beneficial article 13 distribution extension § 14 supervision article 15 entry into force and transitional provisions § 16 reference to legislation tax, acquisition and storage
§ 1 (1) on the sale of plant protection products must be sufficient staff available, which is in possession of a certificate (§ 3), to appropriate the customers instructions for the use of plant protection products, to give information on the risks to human health and the environment, and safety information for the risk management of the concerned products.
(2) plant protection products, which are approved for professional use, may be sold only to persons who are in possession of a certificate pursuant to article 5 of Directive 2009/128/EC.
(3) on druggist in practice of trade pursuant to section 104 of the Gewerbeordnung 1994 and very small distributor in the retail sector, selling only plant protection products for the home and garden, paragraph 1 is not applicable. Very small distributors are distributor in the retail, selling no more than 100 kg of pesticides in the calendar year. This volume is to apply to each branch operations for companies with multiple locations. All companies with more than five branch offices at least a person in charge of the company must have a certificate referred to in article 3, 20 branches must have at least one person a certificate referred to in article 3; In addition, these companies are required to set up an internal training system.
(4) Distributor, plant protection products for the home and garden sale, have the customer information within the meaning of article 6 paragraph 3 of Directive 2009/128/EC about the risks of the use of plant protection products for human health and the environment, in particular about the dangers, the exposure, proper storage, handling, application and safe disposal and alternatives with low risk, to provide. Registration and licence holders have to provide the appropriate information for the distributors of plant protection products.
(5) only persons may exercise an activity as a consultant in the context of sales of plant protection products for professional use, which are in possession of a certificate (§ 3).
(6) distributor within the meaning of paragraph 3, where it is not possible for technical reasons (for example lack of space on invoices or cash register receipts), 2011 complete all information within the meaning of section 11 paragraph 2 of the plant protection products Act, have through appropriate internal records in a comprehensible manner to ensure that a unique assignment of the product to the authorised plant protection products is given about the used designations (for example, item number or new objective term).
(7) plant protection products must be stored that there can be any accidental release or mixing with other products, especially food and feed, as distributors.
Education and training
2. (1) the implementation of education and training in accordance with Annex I of to Directive 2009/128/EC for distributors and advisors in the distribution for the purpose of obtaining the certificate is the Federal Agency for food security and the Economic Chamber of Austria. These are authorized to transfer this task to professionally competent persons which offer education and training courses in accordance with paragraph 2 and proven to perform in the intended scope.
(2) the total duration of the training has to be sixteen hours and those of the training is to provide a balanced service of the themes listed in annex I of to Directive 2009/128/EC, whose content and scope of the Federal Agency for food security is determined eight hours. About the recent course visit is a confirmation to exhibit.
(3) the education and training of nationals of a Member State of the European Union or a Member State of the European economic area in accordance with article 5 of Directive 2009/128/EC in a European Union Member State or a Contracting State of the European economic area considered education and training within the meaning of the regulation, if she cannot be presented in the original and proven, where appropriate, certified translation. On request, a certificate referred to in paragraph 3 can be issued.
3. (1) is the certification by the Federal Agency for food security after the confirmation of a recent visit of course (section 2 paragraph 2) to exhibit; It shall contain in particular the following information:
1 "Certificate referred to in article 5 of Directive 2009/128/EC", 2. certification authority, 3. name, address, date of birth, photograph and signature of the owner, 4th consecutive number, 5 date of issue and 6 expiration date.
(2) the certificate is valid for a period of six years. Is the education and training completed before 26 November 2015, or before the expiry of the six-year period, the validity of the certificate - extended except in the case of paragraph 3 - to this period.
(3) in the case of imposition of an administrative penalty according to § 15 of the plant protection products act of 2011 is a continuing education course in the minimum duration of eight hours within one year to complete, otherwise the certificate by decision of the Federal Office for food security to withdraw is. Withdrawn certificates shall be the Federal Agency for food security. To impose an additional administrative penalty according to § 15 of the plant protection products act 2011 against the certificate holder within three years the certificate may be revoked immediately.
4. (1) the registration is performed by registration of the operation in an official register in accordance with § 4 (1) of the plant protection products act 2011, which is to publish by the Federal Agency for food security. The message for the purpose of the registration company name including legal form are to announce business address as well as offices and branch offices. A form to be published in the official news of the Federal Office for food security is to use for the message.
(2) the registration is to withdraw or not to perform, if the registration holder has given seat or establishment in the national territory.
Plant protection product register
Approved and authorised plant protection products, as well as distribution extensions (section 13) are § 5 (1) to enter to the end of the use periods in the register of plant protection products with a serial number (registration number). The pesticides register referred to in section 4, paragraph 2, of the plant protection products act 2011 shall be published by the Federal Agency for food security.
(2) in the register of plant protection products must be entered:
1 date and duration of the authorisation, approval or distribution extension, 2. renewal, suspension and changes the registration, approval or distribution extension, 3. use time limits referred to in article 46 of Regulation (EC) No 1107/2009, 4. the indications referred to in article 65 of Regulation (EC) No 1107/2009, 5 reference Member State of in accordance with article 40 of Regulation (EC) No. of 1107/2009 authorised plant protection product and trade name and approval or registration number , under which it is placed in the reference Member State in traffic, and 6 Member State of origin of the in accordance with article 52 of Regulation (EC) No. of 1107/2009-approved plant protection product and trade name and approval or registration number, it is placed under the transport in the Member State of origin.
(3) the approval, authorisation or notification (§ 15 para 8) a plant protection product is void if the annual pesticides register according to § 6 section 6 not fee GESG despite reminders.
6. (1) the registration and licence holders, as well as placing in accordance with § 15 para 8 have in writing notify the Federal Agency for food security within two months after the end of the calendar year:
plant protection products and 2 spent 1 name (according to internationally recognised and equivalent normal names) and the quantities of each active substance of marketed annually by them in the domestic market and the annually from domestic trade names, registration numbers and amounts of individual plant protection products, have been annually brought by them in the domestic market and a year spent by them domestically.
(2) the registration and licence holders, as well as placing have in accordance with § 15 para 8 immediately in writing to the Federal Agency for food security:
all them subsequently announced that observations and data not related to the registration or permit requirements in accordance, in particular all new information about the potentially dangerous effects of a plant protection product, or of their residues on the health of human and animal or groundwater, or on potentially dangerous effects on the environment, 2. the change of the manufacturer of a substance or preparation and the task of the seat or establishment in the European Union , 3. amendment, extension or termination of approval in the reference Member State in the case of article 40 and in the Member State of origin in the case of article 52 of Regulation (EC) No 1107/2009 and 4th amendment, extension or termination of the authorisation in the Member State of reference plant protection products which are approved in 1997 in accordance with article 12, paragraph 1 and 2 of the plant protection products act.
(3) the registration holder have the Federal Agency for food safety to report a change of data pursuant to § 4 paragraph 1 immediately in writing.
7. (1) the labelling shall meet the requirements of article 65 of Regulation (EC) No. 1107/2009 meet and intelligible in German language, be clearly visible and readable as well as permanently attached. Other than regulation (EC) No. 1107 / 2009 provided information or put up must be by the labelling clearly deposed and may not be misleading.
(2) plant protection products in accordance with article 52 of Regulation (EC) No 1107/2009 are allowed only with a new certification in traffic, through appropriate internal records of the information referred to in article 52, paragraph 4 lit. a to c of Regulation (EC) No 1107/2009, as well as the batch number of the original product a mapping of the product to the plant protection product authorised in the Member State of origin in a comprehensible manner is ensured. The batch number of the formulation of the original product and the date of manufacture must be clearly visible on the packaging and readable.
(3) the number of contained prepackages is in addition to specify on excess packaging.
§ 8 plant protection products pursuant to § 23 of the chemicals Act 1996 have to comply with the requirements laid down therein. Otherwise, plant protection products only in undamaged and safe prepackaged in traffic may be placed. You must be so designed that the pesticides contained in them in proper storage and handling can cause no risk to the health of people and animals or for the environment up to their consumption. The prepackages comply with in particular the following requirements:
1. you must be so manufactured and constructed, that the content nothing can get unintentionally to the outside, 2. the materials of prepackages and the closures must be such that they will not be attacked by the contents and no dangerous connections with him can enter; If necessary, prepacked with child-resistant closures are to be provided, prepackages and the closures must be 3 in all parts of the so and so strong, that they reliably withstand the stresses to be expected, and 4. the containers with closures, which are again usable after opening shall be so designed, that the prepackage may be closed several times so, that nothing inadvertently to the outside can get the content.
§ 9 (1) test facilities are the Austrian Agency for health and food security GmbH and the federal research and training centre for forests, natural hazards and landscape for testing the efficacy and phytotoxicity.
(2) the Federal Agency for food safety has on application with notice to acknowledge other establishments as experimental facilities, if they the in article 29 (3) of Regulation (EC) No. 1107/2009 set - if necessary, under grant terms and conditions - requirements.
(3) the Federal Agency for food security has the recognition to pick up if the test equipment no longer fulfil the conditions referred to in paragraph 2.
(4) official or officially recognised testing facilities in other Member States are equivalent to domestic test facilities.
§ 10 (1) has the Federal Agency for food security carry out paragraph 1 of Directive 2009/128/EC the necessary measures in accordance with article 7.
(2) information available, that a not acceptable risk to human or animal health comes from pesticides, the Federal Office for food security has transport stakeholders in an appropriate manner to inform.
Approval for the home and garden
§ 11 (1) crop protection sprays, which are used in the home and garden, are subject to special approval requirements.
(2) plant protection products for the home and garden area must be such that they can be used safely without any special plant-schuetzerische knowledge by non-professional users. The sizes are to turn off on the application in the home and garden and to a maximum usage area of 500 m ². Plant protection products must here quickly dismantle their properties, be safe for the user and the environment, and must at least not be as T + (very toxic), T (toxic) or C (corrosive) and be marked or classified "carcinogenic", "damaging heritage well" or "toxic to reproduction" according to Directive 1999/45/EC. Plant protection products as xn (harmful) or XI (irritant) classified or labelled or have a special risk for the ecological balance and the groundwater, can for the home and garden be suitable (individual assessment), if the type of formulation, metering device, packaging and in turn form ensures that proper and appropriate application or as a result of such application is a danger to humans, animals , Natural environment and ground water is excluded.
(3) the Federal Agency for food security has to perform additional restrictions and requirements within the framework of the approval for the home and garden of the requirements of paragraph 2, insofar as this is necessary in individual cases on the basis of the properties of the plant protection product and the active substances contained therein. These include in particular the type of packaging and the application form, as well as the notices of payment due of special dosing systems or application guide.
(4) plant protection products for the home and garden are in the marking with "Allowed for use in the home and garden".
Approval of beneficial insects
Section 12 (1) apply macro-organisms - vertebrate except - as well as their ingredients having general or specific action against harmful organisms on plants, parts of plants or plant products as plant protection products ("predators").
(2) the placing on the market of beneficial insects, no. of 1107/2009 stated intended use intended for one according to article 2 paragraph 1 of Regulation (EC), is permitted only if this is an approval of the Federal Office for food security.
(3) in particular the necessary to check the admission requirements information attaching documentation and samples in terms of unacceptable negative impacts and risks to the environment (with particular attention to a possible introduction or spread of invasive species), as well as on biodiversity are the application for authorisation. Other approval requirements, facilities can be provided depending on the properties of the Nützlings requirements.
(4) the authorisation is limited with no more than 15 years.
Section 13 (1) a plant protection product may be shipped for the first time in traffic also by persons other than the holder of the authorisation on the basis of an agreement with this under a different name. The marketing authorisation holder has the agreement stating the name and address of the person entitled, as well as of different designation, under which the plant protection product to be brought by the legitimate traffic, notify the Federal Agency for food security.
(2) a plant protection products within the meaning of paragraph 1 may be placed on the market only with
1. the different name, 2. name and address of the person entitled and 3 sales number assigned by the Federal Agency for food security due to the expansion of sales.
(3) distribution product is subject to the same requirements as the reference product and the party entitled to the same duties as the holder of the authorisation. Changes to an agreement referred to in paragraph 1 have no effect on plant protection products already placed. Article 46 of Regulation (EC) No 1107/2009 shall apply.
Section 14 (1) of the Federal Agency for food security only persons as supervisory bodies may be entrusted with control, that have an education in the meaning of § 2 and are able
1. the necessary measures must be taken to infringements of plant protection products legislation to prevent, as well as, where appropriate, display to refund or to utter a complaint, 2.
Instructions and information to give to avoid infringements of plant protection product legislation, to clarify 3. economic operators and consumers about the basic principles of the plant protection products regulations and their enforcement.
(2) meets the requirements of paragraph 1, who can prove as successful completion of a course (para. 3).
(3) the course is conducted by the Federal Agency for food security and comprises a theoretical and practical part to the extent of up to ten days.
(4) the supervisory bodies have at least every five years to complete a training of at least two days.
(5) people can be employed for the implementation of the sampling does not satisfy pursuant to par. 2, where were these people adequately trained and the acquired knowledge and skills demonstrated by certification.
(6) in the context of practical education and training of supervisory organs, organs of the Federal Office for food security carry out before on-site visits.
(7) the supervisory authority with an on spot check deficiencies, that 2011 requires the setting of an action according to § 10 para 5 of the plant protection act, the supervisory body has to inform the representative about the illegality and to hold the deficiencies and the measures in the transcript.
Entry into force and transitional provisions
15. (1) this regulation, except section 1 para 1 to 5, into force on June 14, 2011.
(2) occurs on November 26, 2011 § 1 para 4 and § 1 ABS. 1, 2, 3 and 5 on 26 November 2015 in force.
(3) procedures, which involve previously authorized plant protection products before June 14, 2011 or are already pending before June 14, 2011, are excluded at the request of the applicant - according to the legal situation until then continue, as far as the laws and regulations do not preclude the European Union.
(4) applications for approval in accordance with section 9 or section 12, paragraph 1 and 2 of the plant protection act of 1997, which are brought up to June 13, 2011, will be decided on the basis of the legal situation prior to June 14, 2011.
(5) the authorisations of plant protection products article 12, paragraph 1 and 2 of the plant protection products Act remain in accordance with 1997, apart from a premature lifting of the authorisation in the Member State of reference, up to the final renewal of registration in accordance with article 43 of Regulation (EC) No. 1107 / 2009 upright.
(6) on approved plant protection products in a Member State of reference to evaluated the 'uniform principles' referred to in annex VI to Directive 91/414/EEC, article 40 of Regulation (EC) is 1107/2009 No. apply accordingly.
(7) plant protection products, which no classification within the meaning of article 31 paragraph 4 of Regulation (EC) No. 1107/2009 exhibit, apply from 26 November 2015 as suitable only for professional users and may no longer be given for use in the home and garden.
(8) plant protection products in accordance with article 3 par. 4 of the plant protection products Act 1997 are allowed under the condition that the registration in the Member State of origin is still upright and the conformity with the legislation of the European Union is given until 31 December 2013 with a corresponding marking on the market are the provisions of the plant protection products Act 1997.
(9) permits for scientific tests in accordance with section 26 of the plant protection products Act 1997 and certificates for the import according to § 27 of the plant protection act of 1997 remain upright.
(10) requests for provisional authorisation of plant protection products in accordance with § 9 of the plant protection products Act 1997, containing a new active substance, to the transitional provision of article 80 paragraph 1, lit. to apply a to Regulation (EC) No. 1107/2009, are possible even after June 14, 2011.
Reference to legislation
§ 16. This regulation following policy and regulations of the European Union, as well as the fact-based regulations, be concern as far as 2011 the scope of application of the plant protection products Act, implemented in the amended and completed:
1. Regulation (EC) No 1107/2009 on the placing on the market of plant protection products and the repeal of the directives 79/117/EEC and 91/414/EEC, OJ No. L 309, November 24, 2009 S 1;
2. directive 2009/128/EC on a framework for action the community for the sustainable use of pesticides, OJ No. L 309, November 24, 2009 p. 71, except biocidal products according to the biocidal products Act, Federal Law Gazette I no. 105/2000;
3. Regulation (EC) 178/2002 laying down the General principles and requirements of food law, establishing the European authority for food safety and establishing procedures to food safety, OJ No. L 31 of the 1.2.2002 p. 1;
4. implementing Regulation (EU) No. 540/2011 on the implementation of Regulation (EC) No. 1107/2009 regarding the list approved active substances, OJ No. L 153 of the updated p.1;
5. Regulation (EU) No. 544/2011 on the implementation of Regulation (EC) No 1107/2009 with regard to the data requirements for active substances, OJ No. L 155 of the updated p.1;
6 Regulation (EU) No. 545/2011 on the implementation of Regulation (EC) No 1107/2009 with regard to the data requirements for plant protection products, OJ No. L 155 of the updated p. 67;
7 Regulation (EU) No. 546/2011 on the implementation of Regulation (EC) No 1107/2009 concerning uniform principles for evaluation and authorisation of plant protection products, OJ No. L 155 of the updated p. 127;
8 Regulation (EU) No. 547/2011 on the implementation of Regulation (EC) No 1107/2009 with regard to the labelling requirements for plant protection products, OJ No. L 155 of the updated p. 176.